Posts tagged DUI breath test

When Stopped for DUI – Advice from a DUI Criminal Defense Attorney

When stopped by an officer while driving after consuming alcohol you should be respectful to the officer and identify yourself by providing your driver’s license, proof of registration, and car insurance.

If you have any difficulty understanding the English language, especially complicated English such as legal terms, request for an interpreter in your first language as soon as possible.  The officer will provide an interpreter by phone if requested.  You should not attempt to understand the officer’s instructions if there is any language barrier.  This is not the time or environment for you to be shy or embarrassed about not understanding English fluently.

The officer will eventually ask you questions related to alcohol.  I would recommend declining to answer any questions related to alcohol.  The officer will likely order you out of your vehicle so he or she can conduct a DUI investigation. The officer will ask you to perform field sobriety tests and/or to submit to a DUI portable breath test.  You should not take any field sobriety test and/or portable breath test, they are voluntary, meaning there is no requirement by law for you to perform either test.  If you decline to take any of the tests the officer will make a decision to either release or arrest based on the officer’s observations up to that point.  The primary reason I advise people to decline taking the field sobriety tests is the fact that the tests are physically difficult and they become even more difficult when you are accompanied by un-ideal circumstances such as; uneven roadways, lack of adequate light, other vehicles driving by, and loud traffic noises making it difficult to hear and concentrate.  The tests are difficult, respectfully decline taking them.

After an arrest for DUI, a person will be taken to the police station.  There they will be presented with at least two forms, the Constitutional Rights Form and the Implied Consent Warning form.  These two forms are very important because they explain your rights and consequences of exercising your rights.  If you have any questions about the forms, do not hesitate to ask the officer to clarify the information so you will have a full understanding.

The Constitutional Rights form will advise a person of their right to have an attorney.  I recommend you always ask for an attorney whenever confronted with a criminal investigation.  It does not matter if you do not know a criminal defense attorney to call.  The officer will contact a defense attorney by phone at no cost to you.  You will be provided a private room to talk to the attorney and ask questions.  Again, if you have any difficulty understanding English you should request to have an interpreter made available to you.

The request to submit to a breath test at the police station is very different and separate from the request to submit to a portable breath test out on the field.  The DUI portable breath test is voluntary and there is no negative consequence from declining to take it. However, if a person declines to take the breath test at the police station it will likely result in a revocation of your driver’s license for at least one year.  The decision to take the breath test at the station is dependent upon many factors, consult your DUI defense lawyer for their recommendation.  I Generally recommend, if it is a person’s first DUI arrest and the person did not consume a lot of alcohol then they should take the breath test.  However, if a person has prior DUI arrests and/or consumed a lot of alcohol then they should not take the station breath test.

In short:

  1. Be respectful to law enforment.
  2. Ask law enforcement for an interpreter if there is any language barrier.
  3. Do not take the field sobriety tests or the portable breath tests, they are voluntary.
  4. If you have questions about legal forms, always ask the officer to clarify until you have a full understanding.
  5. Request to speak to a criminal defense lawyer.
  6. Ask your defense attorney for their recommendations.

If you don’t have a DUI criminal defense attorney’s number programmed into your cell phone, you should do so now, David O 206-459-6392, you never know when you might need it!  I am here to help.

 

It Runs in the Family, Lindsay Lohan’s Mother Charged with DUI

Mother Dina Lohan like daughter Lindsay Lohan or is it daughter Lohan like mother Lohan?  Who knows, but one thing is for sure; alcohol and a Lohan do not mix well … a bad recipe resulting in DUI (driving under the influence).

Thursday night, 50-year-old Dina Lohan was charged with DUI in Long Island, New York after being pulled over for speeding 77 mph in a 55 mph zone.  Allegedly during the stop, police observed visible signs of intoxication and asked Dina to take the DUI breath test to determine her BAC (blood alcohol content).  Dina should have refused this DUI test on the basis it is a voluntary test, however, she screwed up, took the test, and blew a .20 BAC result, twice the legal DUI limit of .08.

Li Lo’s mom was taken to jail where she was charged with speeding and DUI.  She was later bailed out of jail, but it wasn’t Lindsay to the rescue, an unknown source came to the aid of mama Lohan.

Rumor has it Dina has been drinking heavy and partying too much.  Still being a poor role model for daughter Lindsay, who also struggles with alcoholism and has a criminal history of DUI charges.

Dina has court next month and hopefully she will be able to find a good DUI lawyer, Lindsay won’t be able to refer her past criminal defense attorney since she fired her attorney while still owing $300,000.00 in legal fees, see my blog “Defense Attorney Saves Lindsay Lohan Despite Being Fired” for more details on Li Lo’s legal mishaps.

 

Written by S.O

heleyna holmes photography 003

Lamar Odom Faces Alcohol and Drug DUI Charge

Lamar Odom’s life seems to spiraling out of control due to drug addictions and now he’s added a DUI charge to the chaos.

The 6’10” NBA star and husband to Khloe Kardashian, Lamar Odom, has recently been headlining celebrity news with his concealed two year addiction to crack cocaine.  His marriage to Khloe has taken a toll and now possibly his NBA career may be ending.  With all the negative media attention, the L.A. Clippers decided not to resign Odom for another season despite his successful performance on the court last year.  Now to make matters worse, Lamar was pulled over early friday morning by California State Patrol and was charged with driving under the influence of drugs and/or alcohol.

According the police officers, Odom was driving in a “serpentine manner” (too slow) on the 101 Freeway.  When officers approached Lamar’s Mercedes SUV, they smelled heavy odors of alcohol on Odom’s breath and observed behaviors consistent with heavy drug use.  Lamar failed multiple DUI field sobriety tests and refused to take any DUI breath tests.  The NBA player was arrested, taken to jail, and charged with DUI.

Because Lamar  refused the DUI breath test machine at the police station, his CA driver’s license was automatically suspended for one year.  Lamar has already been spotted by paparazzi ducking down in the back of a taxi cab, most likely heading home after spending a few hours in jail.

Lamar’s life is a little messy right now, hopefully he will get his situation cleaned up and straightened out.  For starters he should hire a solid DUI criminal defense attorney to contest his DUI charge.

 

Written by S.O

David O Defense
2211 Elliott Avenue, Suite 200 Seattle, WA 98121
Tel: 206.459.6392
Fax: 888.615.0237
Email: david@davidodefense.com